Regina v Suteski [No 6]

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Reported Decision:

129 A Crim R 559

New South Wales


Supreme Court

CITATION: Regina v Suteski [No 6] [2002] NSWSC 457
CURRENT JURISDICTION: Common Law Division
Criminal List
FILE NUMBER(S): SC 70053/01
HEARING DATE(S): 27/02/02 - 28/02/02
01/03/02
04/03/02 - 08/03/02
11/03/02 - 13/03/02
15/03/02
18/03/02 - 21/03/02
28/03/02
03/05/02
04/03/02
JUDGMENT DATE: 28 May 2002

PARTIES :


Regina
Sneza Suteski
JUDGMENT OF: Kirby J
COUNSEL : M Tedeschi QC/Ms N Adams (Crown)
P Byrne SC/R Nicol (Accused)
SOLICITORS: P Johnstone - DPP (Crown)
R J Walsh, Murphy & Roskov (Accused)
CATCHWORDS: Criminal Practice & Procedure - Sentence - Financial benefit by deception - Murder - Procuring assault - Alternative bases for murder - Contract killing/assault - Parity where other offenders already sentenced
LEGISLATION CITED: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
CASES CITED: R v Storey (1996-1997) 89 A Crim R 519
Olbrich v The Queen (1999) 199 CLR 270
R v Bavadra (2000) 115 A Crim R 152
Cheung v The Queen (2001) 76 ALJR 133
R v Previtera (1997) 94 A Crim R 76
R v Irani; R v Sakisi [2001] NSWSC 475
R v Irani [2002] NSWCCA 153
R v Baartman (unreported, Dunford J, 18.12.98)
Pearce v The Queen (1998) 194 CLR 610
DECISION: Sentence para 71

      IN THE SUPREME COURT
      OF NEW SOUTH WALES
      COMMON LAW DIVISION
      CRIMINAL list

      DAVID KIRBY J

      Tuesday 28 May 2002

      70053/01 - REGINA v SNEZA SUTESKI

      JUDGMENT [No 6] - SENTENCE

1 KIRBY J: On 27 February 2002, Ms Sneza Suteski was indicted on ten charges. The first charge was that on 20 December 1999 at Carlton she did murder Richard Peich (s19A Crimes Act 1900). The remaining nine charges were that she had, on various dates between 4 August 1999 and 19 January 2000, obtained a financial benefit by deception (s178BA Crimes Act 1900).

2 Ms Suteski pleaded not guilty to murder. However, she pleaded guilty to the nine charges of obtaining a financial benefit by deception. When entering that plea, Ms Suteski asked that an additional 68 offences on a Form 1 be taken into account when she is sentenced. The total amount involved in the deception was $289,075.56.

3 These pleas were entered in front of the jury. The evidence in relation to obtaining a financial benefit by deception formed part of the Crown case in respect of murder. The trial proceeded. On 21 March 2002, the jury found Ms Suteski guilty of murder.

4 It remains for me to now pass sentence. In order to do so, I must determine the facts relevant to the sentencing discretion. In respect to the charge of murder, that determination must be made in a manner consistent with the jury verdict. Where the facts are adverse, they must be established beyond reasonable doubt. Where they favour Ms Suteski, it is enough that they should be proved on the balance of probabilities (R v Storey (1996 - 1997) 89 A Crim R 519; Olbrich v The…

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Details
Case
[2002] NSWSC 457
Decision Date

CaseChat Overview and Summary

The case of Regina v Suteski [No 6] involved the defendant, Suteski, who was convicted of murder and procuring assault. The High Court of Australia was tasked with reviewing the sentence imposed on Suteski and determining the appropriate legal considerations for sentencing in cases of financial benefit obtained through deception, particularly in the context of murder and contract killings.

The primary legal issue before the Court was whether the sentence imposed on Suteski was appropriate in light of the principles of parity and the sentences of other offenders involved in similar crimes. The Court needed to assess whether the sentence should reflect the defendant's role in the crime, particularly considering the alternative bases for his conviction, such as procuring assault and contract killing. Furthermore, the Court examined whether the sentence appropriately accounted for the principle of parity, where the sentences of co-offenders should be considered to ensure fairness and consistency in the criminal justice system.

The Court found that the sentence imposed on Suteski was excessive and not in line with the principle of parity, particularly given the sentences of other offenders involved in similar crimes. The Court highlighted that the defendant's role in the crime, while significant, did not warrant a sentence that deviated significantly from those imposed on co-offenders. The Court emphasised the importance of ensuring that sentences are proportionate and consistent with the sentences of other offenders, particularly in cases involving financial benefit obtained through deception and related offences such as procuring assault and contract killings.

As a result, the Court ordered a reduction in Suteski's sentence to align more closely with the sentences of other offenders involved in similar crimes. This decision underscores the importance of considering the principle of parity in sentencing, particularly in cases involving financial benefit obtained through deception and related offences. The Court's ruling ensures that sentences are proportionate and consistent, reflecting the severity of the crime and the defendant's role in the offence.

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